Friday 29 June 2018

Whether S 163 of Evidence Act is applicable to documents produced before court under O 11 R 14 of CPC?

Section 163. Giving, as evidence, of document called for and produced on notice.- When a party calls for a document which he has given the other party notice to produce, and such document is produced and inspected by the party calling for its production, he is bound to give it as evidence if the party producing it requires him to do so.
19. The rationale behind the Section seems to be that it would be manifestly unjust and unfair to permit one to gain an undue advantage by looking into the documents of his opponent without being obliged to use it as evidence for both of them. Under the pretext of a desire to use in evidence, a party might call for documents the contents of which were not known to him and finding that they did not suit his purpose or went against him, he might wriggle out of the situation by discarding them. It maybe urged that such a rule is not consistent with the party's right to obtain discovery and inspection. Section 163does not refer to documents produced in obedience to the order of Court under Order 11 Rule 14 of the Code.

Andhra High Court
Rajesh Bhatia And Ors. vs G. Parimala And Anr. on 30 November, 2005
Equivalent citations: 2006 (3) ALD 415, 2006 (3) ALT 129
Bench: T C Rao
Read full judgment here: Click here

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